Straker v. Deutsche Bank National Trust as Trustee et al
| Allison Straker |
| Deutsche Bank National Trust as Trustee, Penn American Mortgage, Mortgage Electronic Registration Systems, Inc., Freemont Investment & Loan, Homeq Servicing and John Does 1-1000 |
| 3:2009cv00338 |
| February 23, 2009 |
| US District Court for the Middle District of Pennsylvania |
| Real Property: Foreclosure Office |
| Monroe |
| Thomas I. Vanaskie |
| Plaintiff |
| Federal Question |
| 28:2201 Declaratory Judgement |
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The following documents for this case are available for you to view or download:
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Filing
100
ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that:(1)The Report and Recommendation (Doc. 99) is ADOPTED. (2)Plaintiff Allison Strakers Amended Complaint (Doc. 27) is DISMISSED WITH PREJUDICE with respect to Defendants Penn Americ an Mortgage and Fidelity Home Abstract for failure to make timely service pursuant to Fed. R. Civ. P. 4 and failure to prosecute pursuant to Fed. R. Civ. P. 41(b).(3)The Clerk of Court is directed to mark the case as CLOSED Signed by Honorable A. Richard Caputo on 4/23/13. (jam)
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Filing
97
MEMORANDUM (Order to follow as separate docket entry)Signed by Honorable A. Richard Caputo on 3/28/2013. (cw)
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Filing
50
ORDER ADOPTING IN PART and REJECTING IN PART REPORT AND RECOMMENDATIONS (Doc. 43). IT IS HEREBY ORDERED that to the extent the amended complaint brings claims against Mortgage Electronic Registration Systems (MERS), it is DISMISSED. It is FURTHER O RDERED THAT the report and recommendation (Doc. 43), disposing of defendants motions to dismiss (Docs. 30, 33) is ADOPTED IN PART and REJECTED IN PART as follows: (1) The recommendation that the civil RICO claim be dismissed with prejudice is ADOPTED . (2) The recommendation that the plaintiffs motion to strike (Doc. 35) be denied is ADOPTED.(3) The recommendation that Counts I, III, IV, and V be dismissed with prejudice is REJECTED.(4) The recommendation that all RESPA claims at Count II be dism issed is REJECTED. Instead, the plaintiffs amended complaint (Doc. 27) is DISMISSED to the extent that it asserts a RESPA claim pursuant to 12 U.S.C. § 2605(a)-(b). The claim against Deutsche Bank under 12 U.S.C. § 2605(e) is DISMISSED.Signed by Honorable A. Richard Caputo on 2/3/11. (jam, )
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Filing
24
MEMORANDUM AND ORDER 1. Defendants Motion to Dismiss (Dkt. 17) is GRANTED.2. Within twenty (20) days of the date of this Order, Plaintiff may file an amended complaint. 3. Failure to file an amended complaint will result in the dismissal of this action. Signed by Honorable Thomas I. Vanaskie on 2/5/10. (jfg)
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